It is the earliest domestic automobile sales manufacturer. The original factory is called Bayer in China:
“Protecting prior rights is one of the basic principles for resolving trade name and trademark conflicts. "Our company was registered three years earlier than the BMW trademark. Why does BMW Germany want us to change our name?" Qu Long, chairman of Beijing BMW Automotive Service Co., Ltd. (hereinafter referred to as Beijing BMW), expressed concern about BMW Germany's expansion of the use of BMW. I am very dissatisfied with the behavior of trademark protection rights.
On June 11, 2004, the popular Beijing Auto Show had just opened. In accordance with the requirements of the Beijing Municipal Bureau of Industry and Commerce, Ma Xiang, lawyer of Beijing BMW Company, went to the Bureau of Industry and Commerce to state his final opinions and submitted a "Response to the German BMW Company" "Reply to a Complaint of Trademark Infringement".
It is understood that in July 2003, after receiving a complaint from the German BMW company, the Economic Inspection Team of the Beijing Municipal Administration for Industry and Commerce inspected Beijing BMW for trademark infringement. The inspectors finally found a trademark infringement machine in the Beijing BMW repair workshop. There was a layer of dust on the BMW logo, and the official seal of Beijing BMW with the BMW logo was seized.
Li Weitian, director of the company office who has worked at BMW Beijing for nearly 10 years and is familiar with the relationship between BMW Beijing and BMW Germany, explained that the BMW logo engraved on the official seal is due to historical reasons. In 1992, BMW Automotive (Switzerland) Co., Ltd., a subsidiary of BMW Germany's general agent in Hong Kong and mainland China, and BMW's Xiaohongmen Longzhao Village Nongjiang Commercial Company jointly established Beijing BMW Automotive Service Co., Ltd. , mainly engaged in the sales of BMW cars and after-sales service business. With the consent of BMWia (China) Co., Ltd. and BMWia Automotive (Switzerland) Co., Ltd., and after approval and filing by the industrial and commercial and public security authorities, the "BMW and Picture" logo was used on the official seal of BMW Beijing. After the cooperation between the two parties was terminated in 1995, BMW Beijing has continued to provide car repair services for various brands. The reporter contacted the Beijing office of BMW Germany about this matter. A person from the office told the reporter that the public relations manager of the office, Ma Qingsheng, was out of the country due to official duties and was unable to conduct an interview on the matter.
Relevant people analyzed that BMW Germany suddenly complained to Beijing BMW on the eve of domestic production. The target was by no means simply the logo on the official seal used by Beijing BMW, but the use of the trade name used by Beijing BMW Auto Service Company. Right, because BMW is more easily accepted by domestic consumers than the "Bail" that BMW originally called when it entered China, and the German BMW that people now know is BMW, not Bail.
It is understood that before 1992, BMW cars were not called BMW in China, but were translated as "Bail". The reporter has a copy of the BMW sedan registered at the Vehicle Management Office in February 1992. The registered name is "Bail".
"The State Administration for Industry and Commerce clearly stated in the "Opinions on Solving Several Issues in Trademarks and Business Names" that when dealing with confusion between trademarks and business names, the principles of maintaining fair competition and protecting prior legal rights should be applied Based on the principle of personal interests, Beijing BMW registered first and had the prior right to use it, which is not enough to infringe the German BMW trademark," said Ma Xiang, director of the Trademark Law Professional Committee of the Beijing Lawyers Association and a lawyer at Beijing BMW Automobile Service Company.
According to Gengen’s investigation, Beijing BMW Service Company was registered in 1992, and BMW of Germany registered the “BMW” trademark in China in 1995. < /p>